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Janvic Mateo - The Philippine Star
January 2, 2026 | 12:00am
MANILA, Philippines — He was not the first former Philippine president charged and detained after leaving Malacañang, but Rodrigo Duterte made history last year as the first Asian former head of state to be arrested and surrendered to the International Criminal Court (ICC).
The widely popular Duterte, described as the “punisher” whose administration was marked by human rights violations linked to his bloody war against illegal drugs, was arrested at the Ninoy Aquino International Airport on March 11 upon his arrival from a political rally with his supporters in Hong Kong.
President Marcos, erstwhile ally of the Duterte family, justified the arrest by citing the Philippines’ commitment to the International Criminal Police Organization or Interpol, through which the ICC coursed the warrant.
Following his arrest, Duterte was held in custody at the Villamor Air Base for hours and, with his lawyers failing to secure a restraining order from the Supreme Court, flown in a private jet to The Hague in the Netherlands shortly before midnight.
On March 12, upon his arrival in The Hague, the ICC confirmed that the Pre-Trial Chamber I had issued an arrest warrant against Duterte for charges of crimes against humanity of murder.
Two days later, the former president appeared before the tribunal for the first time – via video conference from the ICC Detention Center – for his initial appearance hearing.
What followed in the succeeding months was a slew of challenges and appeals seeking the release of the 80-year-old Duterte, who once vowed to physically assault ICC judges if ever he were arrested.
Wheels of justice
In addition to “widespread” and “systematic” killings committed in the context of the drug war, the former president was also charged over activities of the so-called Davao death squad when he was mayor or vice mayor of Davao City.
In the Philippines, families of drug war victims openly wept as they welcomed Duterte’s arrest.
It was described as a “watershed moment” for international justice and a “critical step” towards accountability in the Philippines.
But for his supporters, Duterte’s arrest and surrender to the ICC was nothing but politics. They described it as betrayal by Marcos, whose UniTeam alliance with now Vice President Sara Duterte led to their landslide victory in the 2022 elections.
Marcos’ ratings have significantly suffered, while Duterte and his allies have consolidated support – resulting in a rather strong showing by their slate in the Senate race.
Duterte himself secured a landslide victory in his mayoralty run despite his absence in the campaign trail.
His family, lawyers and supporters described his arrest as a form of “kidnapping,” a narrative that appeared both in legal filings and in coordinated online attacks against the Marcos administration, the victims and their lawyers, and even the ICC and the judges handling the proceedings.
The former president, who tapped British-Israeli lawyer Nicholas Kaufman as his lead defense counsel, has not been seen by the public since his initial appearance hearing in March.
He is regularly visited by members of his family, particular his children Sara, Paolo, Sebastian and Veronica.
Legal setbacks
At the ICC, Duterte’s lawyers have pursued three different legal remedies to secure his release.
In May, his lawyers filed a challenge to ICC’s jurisdiction, repeating claims that the international tribunal no longer has jurisdiction over crimes committed in the Philippines due to its withdrawal from the tribunal.
The following month, Duterte’s lawyers filed a request for temporary release, saying he is not a flight risk and that a country not publicly identified has agreed to take him in.
Then in August, his lawyers sought the indefinite adjournment of the proceedings due to his supposedly declining health that renders him “unfit” to stand trial, resulting in the postponement of the scheduled confirmation of charges hearing on Sept. 23.
The defense has suffered significant setbacks after the challenge to jurisdiction and the request for interim release were denied by the ICC Pre-Trial Chamber I.
The Appeals Chamber subsequently affirmed his continued detention, while the appeal on the jurisdiction issue is still pending.
On the issue of his fitness, pre-trial judges have yet to make a decision, although recent filings indicated that the panel of medical experts tasked to examine Duterte found him capable of participating in pre-trial proceedings.
What next?
Both the ICC Pre-Trial Chamber I and the Appeals Chamber are expected to rule soon on the request for indefinite adjournment and the appeal on the jurisdiction issue, respectively.
If both requests are denied, pre-trial proceedings will proceed, particularly the postponed confirmation of charges hearing.
Only after the charges are confirmed can the case proceed to trial.
On the part of Duterte, his lawyer has indicated another possible request for interim release, this time on the basis of his medical condition.
Additional suspects may also be ordered arrested, with rumors now circulating that a warrant has been issued against Sen. Ronald dela Rosa, who was Duterte’s first chief of police and was seen as an architect of the drug war.
Dela Rosa has not attended Senate sessions since November even as the ICC declined to confirm rumors of the supposed arrest warrant.
